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When a buyer purchases a property with existing leases, the buyer is purchasing the income stream represented by the leases, and is also assuming the landlord’s obligations under the leases. So it is critical that the buyer know what it is getting into in order to protect its investment in the income, and to ensure… Read More.

Sellers of commercial real estate generally loathe dealing with flippers. What constitutes a flip? A flip occurs when the “original buyer” enters into a purchase contract and then assigns the purchase agreement to the “ultimate buyer” prior to the closing. First, the original buyer/flipper, if successful, makes a profit that the seller believes they should be pocketing….Read More.

When acquiring commercial real estate, it is important to conduct due diligence to ensure there are no surprises that will affect the value or use of the property. One aspect of the due diligence process is considering obtaining an ALTA Survey. The two main reasons for obtaining an ALTA Survey are… Read More.

Tenants often need to finance furniture, fixtures and equipment (“FF&E”) that will be used at the premises. In order to do this, a tenant must grant its lender a first priority, perfected lien against the FF&E. A careful review of applicable commercial lease provisions is necessary to ensure that (i) tenant is not be prohibited… Read More.

If a profit can be made from assigning a lease or subletting the premises, who should keep the profits?The landlord owns the property and believes it is entitled to receive all income and profits earned from the property. The tenant realizes that if market rents fall…Read More.

A cellular carrier’s lease form or the form of an independent cell site developer (both are referred to as a “carrier”) is prepared by and strongly biased in favor of the carrier. The desire of a landlord to earn easy income from a cell site lease should not cloud reason and the need to… Read More.

MindJet, the leading mind mapping software company, features Rick Angel as a MindJet Success Story for his innovative use of technology in the legal industry. Rick began using MindJet Mindmanager over 5 years ago as a tool to manage the firm’s transactions and to… Read More.

This video provides tips on how to prevent letters of intent from inadvertently becoming binding agreements. For more information on this topic, see the article on our blog: 5 Steps to Keep your Letter of Intent Non-binding.Read Article.

Landlords often require a personal or corporate lease guarantee, a separate document executed simultaneously with the lease, which makes the guarantor liable for the tenant’s defaults. The landlord and guarantor have conflicting interests regarding the desired scope of the guarantee… Read More.